High Court Of ChhattisgarhMCRC/7636/2018allowed

Kamal Kumar v. State Of Chhattisgarh

2018-10-06Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7636 of 2018 Kamal Kumar (Kamal Satnami name is mention in the lower Court order Annexure A/2) S/o Dayaram Banjare, aged about 23 years, R/o Village Barda, Chowki Lawan, P.S. Kasdol, District Balodabazar - Bhatapara (C.G.) ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer Police Station Kotwali, Balodabazar, District Balodabazar - Bhatapara (C.G.) ---- Non-applicant For Applicant :

Mr. Suresh Kumar Verma, Advocate.

For Non-applicant :

Mr. Arun Sao, Dy. A.G.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 06/10/18 Heard.

1. This is the second bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 367/2015, registered at Police Station Kotwali, Balodabazar, District Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 466, 467, 468, 472 and 474/34 of Indian Penal Code.

2. The applicant's first bail application was granted by order of this Court dated 20.04.2016 passed in M.Cr.C. No. 2079/2016 with a direction to appear before the trial Court as and when directed but the applicant failed to appear before the trial Court on 25.05.2018 therefore, the bail bond was forfeited and he was taken into custody on 17.09.2017 and this bail application has been filed after rejection of the bail application before the learned Sessions Judge.

3. I have heard learned counsel for the applicant and State.

4. Taking into consideration the ground that the applicant only made default on 25.05.2018 and is in custody since 17.09.2018, I consider it a fit case for grant of bail.

5. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge Priyanka